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SMITH v. BERTRAM

No. 97-1772.

603 N.W.2d 568 (1999)

Donna J. SMITH, Shirley M. Wormley, and Carol S. Fensterman, Trustees Under The Eunice P. Lewis Trust, Appellees, v. Steven E. BERTRAM and Marsha L. Bertram, Appellees, and Corey Development, Ltd., Appellant.

Supreme Court of Iowa.

December 22, 1999.

Attorney(s) appearing for the Case

M. Wayne Oltrogge of Oltrogge Law Office, P.C., Clear Lake, for appellant Corey Development, Ltd.

Christopher D. Stombaugh of Kopp, McKichan, Geyer & Skemp, Platteville, Wisconsin, for appellees Steven and Marsha Bertram.

William C. Fuerste of Fuerste, Carew, Coyle, Juergens & Sudmeier, P.C., Dubuque, for appellees Donna J. Smith, Shirley M. Wormley, and Carol S. Fensterman.

Considered by LARSON, P.J., and CARTER, TERNUS, CADY, and HARRIS, JJ.

CARTER, Justice.

Defendant, Corey Development Ltd. (Corey Development), an assignee of an option to purchase land, appeals from a declaratory judgment determining that its option rights had been extinguished as a result of subsequent transactions. The declaratory judgment action had been brought by Eunice P. Lewis, the owner of the land. The trustees of the Eunice P. Lewis trust have been substituted as plaintiffs following...

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